C/M Maa Sarveshawari Sewa Asram ... vs State Of U.P. And 6 Others
2015 Latest Caselaw 5701 ALL

Citation : 2015 Latest Caselaw 5701 ALL
Judgement Date : 23 December, 2015

Allahabad High Court

C/M Maa Sarveshawari Sewa Asram ... vs State Of U.P. And 6 Others on 23 December, 2015

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 69419 of 2015
 

 
Petitioner :- C/M Maa Sarveshawari Sewa Asram And Another
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Krishna Kumar Chaurasia
 
Counsel for Respondent :- C.S.C., Jay Ram Pandey
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

1. Petitioner No. 1 is Committee of Management of Maa Sarveshwari Sewa Asram Villv Kund Ahraura, Mirzapur through its Manager and petitioner No. 2 who claims to be Manager of the Committee of Management, has joined petitioner No. 1 to file present writ petition.

2. The grievance of petitioners is that an advertisement has been made on 31.08.2015 for appointment on the post of Headmaster, Assistant Teacher and Clerk in the institution which is recognized and added. It is stated that the said selection is being made by the alleged Committee of Management and its Manager who have been impleaded in the writ petition as 6 and 7th respondents.

3. I have heard learned counsel for petitioners, Shri Jai Ram Pandey, Adcocate who has put in appearance on behalf of respondent No. 4 - District Basic Shiksha Adhikari and learned Standing Counsel for State.

4. Having regard to the facts and circumstances of the case, I am of the view that petitioners have raised several disputed questions of fact which cannot be determined under Article 226 of the Constitution at this stage. In my view, the end of justice requires that the District Basic Shiksha Adhikari - 4th respondent before according any approval to the selected candidates, may furnish opportunity to the petitioner and dispose of his representation dated 21.11.2015. The petitioner is at liberty to file a fresh representation along certified copy of this order before the District Basic Shiksha Adhikari within two weeks from today.

5. As narrated above, the District Basic Shiksha Adhikari after giving opportunity to all the concerned parties, may dispose of petitioner's representation and only then, will proceed to pass any order on the approval of newly selected teachers etc.

6. With aforesaid observations, the writ petition is disposed of.

Order Date :- 23.12.2015

LBY